ISBN : 9780198717775
This book analyses the European Court of Justice's power from a political-science perspective. It argues that this power can be assessed through studying the policy implications of there being a supranational constitution that was drafted as an international treaty. An international treaty contains a set of policy goals for future cooperation. Direct effect and supremacy give constitutional status to these policy goals, allowing the Court to develop the Treaty's implications for policymaking at the European and the member-state levels. By focusing on the four freedoms (of goods, services, persons, and capital) and citizenship rights, the book analyses the implications of case law for policymaking in different case studies. It shows how major EU legislation (for instance, the Services and Citizenship Directives) are significantly influenced by case law and how controversial policies, such as EU citizens' access to tax-financed social benefits, are closely linked to the Court.
1 Introduction; 2 The European Court of Justice as a Political Actor; 3 Case-Law Development between Path Dependence and Legal Uncertainty; 4 The Interaction of Judicial and Legislative Policymaking; 5 Reaching Beyond the Market into State Responsibilities; 6 Europeanization With and Against the Odds: The Cases of Meilicke and Zambrano; 7 The Europeanization Effects of Case Law; 8 Conclusion